Rewrite of rule back to council

Updated 12:48 am, Wednesday, November 16, 2011

Councilman Diego Bernal backed down Tuesday from his attempt to curtail the city's proposed new panhandling ordinance, telling colleagues he was “simply trying to clean something up” by redefining “solicit” in the law.

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At a council meeting two weeks ago, Bernal had suggested removing the phrase “or other thing of value” from the city's definition of “solicit,” which includes asking for money.

Raising the issue when the council was scheduled to vote, Bernal sparked the apparent indignation of Medina, who chairs the committee, and other colleagues surprised that his concern arose outside of committee meetings.

Bernal's move sent the proposed ordinance back to the committee, whose members agreed Tuesday to keep the original language and send it back to council for a vote Thursday.

The proposed ordinance would broaden the area in which police can enforce the law against solicitation, prohibiting such activity within 50 feet of ATMs, banks, public parking garages, parking meters, bus stops and marked crosswalks.

While conceding defeat, Bernal again asserted his belief that the law's definition of “solicit,” included in both the current panhandling ordinance and the proposed new one, is too broad.

“The way the language is written, I believe it prohibits more activity than we intend,” he told the committee. “If Councilman Soules and I are outside of a bar, and he asks me for a cigarette, that technically runs afoul of the policy. And being sort of a nerd, I like policies to be clean.”

Soules said the law is aimed not at the “truly homeless,” but rather at “professional” panhandlers who would soon exploit the amendment.

“It would not take very long for the professional panhandling community to learn that you can't ask for money, but as long as you're asking for food or shoes, you have a free ride to approach people anywhere, and that would just be a catalyst to bug people,” he said.

Soules and Deputy City Manager Erik Walsh said police would use discretion in enforcing the new law.

Bernal, a former civil rights attorney for the Mexican American Legal Defense and Educational Fund, said he suggested the amendment out of concern for “the most vulnerable among us.”

“I think I always start from that perspective,” he said. “But that's not to say that the concerns of the folks who live downtown and the business owners here aren't legitimate. And so what I'm always looking for is finding balance — that sweet spot.”

Bernal requested from the committee a six-month review of the new ordinance and any training materials produced by the Police Department.

As for the dustup with his colleagues, Bernal both apologized and asserted his right to suggest amendments.

“In my short time here, I've seen my council colleagues makes amendments to a variety of different things, and so I thought I was following suit,” he told the committee. “To the extent that I caused any consternation or made the committee feel I was stepping on their toes, it certainly wasn't my intent.”

Soules was forgiving.

“He's new,” Soules said. “I'm new. The learning curve there is that if something has gone through the committee process and you have a concern about it, then probably the prudent thing to do would be to talk to the committee chair. But at the same time, there are all kinds of committees going on at all times.